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District Local Board Vs. Krishna Sakharam Patil and ors.
Court : Mumbai
Reported in : AIR1950Bom18
Bhagwati J.1. [His Lordship after setting out the facts as above proceeded.] The two points which have been agitated before us by Mr. Coyajee, counsel for the appellants, the District Local Board, E.K. Jalgaon, are (1) that on a true construction of Section 8(1) and Section 8 (2) and the proviso thereto of the Primary Education Act and Rule 59 of the Rules framed thereunder, the plaintiffs were not entitled to the declarations and the other reliefs asked for in the plaint and (2) that the suits were barred by limitation under the provisions of Section 26E, Primary Education Act.2. The determination of these two questions turns on the construction of the relevant provisions of the Primary Education Act and the relevant rules framed under the power given to the Government in that behalf under Section 27 of the Act. It would be necessary, therefore, in determining each one of these two points to set out the relevant provisions of the Act and the Rules.3. The relevant section in behalf of ...
Tag this Judgment!District Local Board Vs. Krishna Sakharam Patil
Court : Mumbai
Reported in : (1949)51BOMLR746
Bhagwati, J.[His Lordship after setting out the facts as above proceeded.]1. The two points which have been agitated before us by Mr. Coyajee, counsel for the appellants, the District Local Board, E.K. Jalgaon, are (1) that on a true construction of Section 8(1) and Section 8(2) and the proviso thereto of the Primary Education Act and Rule 59 of the Rules framed thereunder, the plaintiffs were not entitled to the declarations and the other reliefs asked for in the plaint and (2) that the suits were barred by limitation under the provisions of Section 26E of the Primary Education Act.2. The determination of these two questions turns on the construction of the relevant provisions of the Primary Education Act and the relevant rules framed under the power given to the Government in that behalf under Section 27 of the Act. It would be necessary, therefore, in determining each one of these two points to set out the relevant provisions of the Act and the Rules.3. The relevant section in behal...
Tag this Judgment!Ghalib Rasool and anr. Vs. Mangu Lal and anr.
Court : Allahabad
Reported in : AIR1949All382
Bhargava, J.1. On 5th September 1988, L. Mangu Lal and L. Raja Ram, who are the respondents in this appeal, instituted a suit against Sheikh Ghalib Rasool and Mr. Zahoor Jahan Begam, the appellants, in the Court of the Civil Judge of Saharanpur, for rendition of accounts of a partnership, which had been dissolved in the year 1935, and for recovery of such amount as might be found due to them. The plaintiffs valued the suit at Rs. 130 and stated in their plaint that if any sum in excess of Rs. 130 would be found due, they would pay additional court-fee on that sum at the time of the execution of the decree. In their written statement, filed on 15th February 1939, the defendants urged that, on accounts being taken, the plaintiffs would be found liable to pay a sum of money to them. On 27th May 1942, a preliminary decree was passed and a commissioner was appointed to examine the accounts. The commissioner examined the accounts and reported that no amount was due to the plaintiffs from the...
Tag this Judgment!Biseswar Misra Vs. the King
Court : Orissa
Reported in : 1949CriLJ650
Jagannadhadas, J.1.The accused in this case who is the appellant before ua has been convicted of an offence under Section 366, Penal Code, and has been sentenced to 4 years rigorous imprisonment and a fine of Es. be O and in default to another six months rigorous imprisonment. The case against him is that he kidnapped a minor girl, Asli by name who was below 16 in age and who is the married wife of one Gulthu Singh with the in-tantion of seducing her for sexual intercourse. The prosecution case is as follows:2. Asli, P. w. 13, is the married wife of one Gulthu Singh, p. w. l. She is below 16 years of age and was living with her husband at a place called Dhandatopa, There was a quarrel between them on a certain Friday, 17th January 1947 and as a result of that quarrel the girl left her husband's house on the morning of the next day 18th January 1947, when her husband was away from the house'.having gone to his work. He found her missing when he returned back to his house at 12 noon. The...
Tag this Judgment!Uchhab Bhol and ors. Vs. Sri Lord Jagannath and ors.
Court : Orissa
Reported in : AIR1949Ori80
Ray, C.J.1. This appeal by the defendants arises out of an action in tort for recovery of damages of Rs 7937-4-6 only. The defendants are 92 in number and impleaded as joint tort-feasors. The gist of the tort consists in 'a conspiracy to injure'. The main allegation in relation thereto is contained in para. 12 of the plaint:That on account of the said strained relations between the parties, the defendants entered into a conspiracy amongst themselves with an avowed object of flatting and carrying away the paddy crops from the disputed lands raised by the plaintiffs with their own ploughs.2. According to the earlier paragraphs of the plaint, the aforesaid malevolent conspiracy was but an easy and natural outcome of the Erbag. Village Krushak-Sangha under the leader-ship of one Mohan Das of which the purpose was to defy and disregard the privileges, so far enjoyed by the landlords, in their Nijdakhali lands so as to facilitate acquisition of tenancy rights therein.3. Common object of the ...
Tag this Judgment!A. Krishna Raya Kodgi and anr. Vs. Sankayya Shetty
Court : Chennai
Reported in : (1949)1MLJ196
Viswanatha Sastri, J.1. The plaintiffs are the appellants in this second appeal. They brought the suit for the recovery of a sum of Rs. 756-13-10 being the arrears of mulgeni rent together with enhanced assessment payable to the Government, due from the defendant on the basis of a mulgeni chit, dated 14th May, 1900, Ex. P. 1, being the counter part of the mulgeni chit. The Courts below have dismissed the plaintiffs' suit on the ground that the amount really due and payable by the defendant has been deposited by him in the Court in O. P. Nos. 21 of 1938, 33 of 1939 and 37 of 1942 in full discharge of the liability and that it is open to the plaintiffs to draw the money from Court and satisfy their claim. The plaintiffs have preferred this second appeal. 2. Mr. T. Krishna Rao, the learned Counsel for the appellants, has raised four contentions on this appeal. His first contention is that Ex. P. 1 merely creates a charge for the unpaid arrear of rent on the mulgeni holding and the improve...
Tag this Judgment!T.K. Chakrapani Iyer Vs. Ammalu Amma and anr.
Court : Chennai
Reported in : (1949)1MLJ245
P.V. Rajamannar, C.J.1. This is an application made under Order XXII, Rule 10 of the Civil Procedure Code to bring the petitioner on record as a party respondent in S.A. No. 724 of 1948, The second appeal arises out of a suit, O. S. No. 347 of 1943, on the file of the District Munsiff's Court, Palghat. It was a suit for recovery of possession of certain property and for other reliefs. The trial Court decreed the suit. The first defendant filed A. S. No. 46 of 1945 in the Court of the Subordinate Judge, Palghat. Pending the appeal, the plaintiff, who was the 1st respondent therein, died, and his legal representatives were brought on record as respondents 2 and 3. They assigned their rights in the suit property to one Allu Achan Menon, who was impleaded in the appeal as the 4th respondent. He, in his turn, transferred his rights in the property to the petitioner herein, by a deed dated 30th May, 1947. The appeal was disposed of on 28th June, 1947, without the petitioner being impleaded a...
Tag this Judgment!Kasi Alias Alagappa Chettiar and ors. Vs. Rm. A. Rm. V. Ramanathan Che ...
Court : Chennai
Reported in : (1949)1MLJ298
Viswanatha Sastri, J.1. This is an appeal by the defendants from the preliminary decree in O.S. No. 84 of 1942, on the file of the Court of the Subordinate Judge of Devakottai. The suit was instituted on 9th September, 1939, in that Court but subsequently transferred to the Court of the Subordinate Judge of Ramnad and again re-transferred to the Court of the Subordinate Judge of Devakottai and numbered as above. The plaintiffs prayed for the taking of the accounts of a partnership which stood dissolved on 23rd May, 1927, by the death of a partner whose interest had devolved on them. The appeal is mainly directed against the directions contained in the judgment and decree of the Court below as regards the taking of the accounts of the dissolved firm.2. The parties to the suit are Nattukottai Chetties, well known indigenous bankers, of South India, mostly resident in the districts of Madura and Ramnad, whose business activities however extend to Burma, Ceylon and the Federated Malay Stat...
Tag this Judgment!Samayamanthula Parvata Vardhanamma Vs. Villa Subba Rao and ors.
Court : Chennai
Reported in : (1949)1MLJ382
Viswanatha Sastri, J.1. The third respondent in the lower Court seeks to have the order of the District Judge of East Godavari in O.P. No. 11 of 1946 set aside in revision. Sri Visweswaraswami Temple of Inavilli village owned lands of an extent of 2 acres 18 cents in the vicinity of the village fit for building sites. The third respondent owned an extent of 1 acre 60 cents of wet land in a neighbouring village. By an order of the Hindu Religious Endownments Board passed under Section 76, Madras Act II of 1927 dated 19th March, 1945, sanction was accorded to an exchange of these properties as between the temple and the third respondent, on the ground that the exchange was beneficial to the temple. It appears that this exchange was sanctioned on the assumption that the property of the temple sought to be alienated by way of exchange was worth about Rs. 1,500. The deed of exchange was duly executed on the 24th of August, 1945 by the executive officer of the temple and the third respondent...
Tag this Judgment!The Hubli Electricity Co., Ltd. Vs. the Province of Bombay
Court : Mumbai
Reported in : (1949)51BOMLR551
Uthwatt, J.1. In the proceedings out of which this appeal arises the appellants sought a declaration that the purported revocation by the respondent Government on January 28, 1944, of a licence to supply electricity to the town of Hubli was invalid and asked for consequential relief on the footing of that declaration. Their suit was dismissed by the High Court of Judicature at Bombay acting in its original jurisdiction and that decision was affirmed by that Court in its appellate jurisdiction (Stone C.J. dissenting). Many matters at issue in the suit are not now in controversy. The substantial questions before their Lordships are confined to questions of construction arising under the Indian Electricity Act (IX of 1910).2. Under that Act the Government was empowered to grant to persons to be selected by the Government licences to supply electrical energy in areas to be specified in the licences and to lay down electric supply lines for the transmission of such energy.3. Sections 3(2) a...
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